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CHAP. XXXIII.

An act for dissolving the vestry of the parish of Lynnhaven, in the county of Princess Anne.

[Chapter CLXXVII in original.]

Vestry of parish of Lynnhaven,

1. WHEREAS it hath been represented to this present general assembly, that the present vestry of the parish of Lynnhaven, in the county of Princess in county of Anne, have not been elected by the freeholders and Princess housekeepers of the said parish, and that for the last solved, and two years a vestry for the said parish has not been new vestry held, whereby the poor have been neglected and much to be electdistressed: For remedy whereof,

II. Be it enacted, That the vestry of the said parish of Lynnhaven be, and the same is hereby dissolved. III. And be it further enacted, That the freeholders and housekeepers of the said parish of Lynnhaven, shall, before the thirty first day of August next, meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Princess Anne, at least one month before such meeting and then and there elect twelve of the most able and discreet persons, being freeholders and residents in the said parish, for vestrymen; which vestrymen, so elected, having in the court of the said county of Princess Anne, taken the oaths prescribed by law, shall to all intents and purposes be deemed and taken to be the vestry of the said parish of Lynnhaven.

IV. And be it further enacted, That the vestry to be elected by virtue of this act, shall levy and assess upon the tithable persons of the said parish of Lynnhaven, all such sums of money and quantities of tobacco as ought to have been levied and assessed by the said vestry. Provided nevertheless, That notwithstanding any thing in this act contained, any suit or suits brought by or against the vestry or church wardens of the said parish, and now depending, may be prosecuted in the same manner as if this act had never been made.

Anne dis

ed,

Their pow

ers.

[Chapter CLXXVIII

CHAP. XXXIV.

In original. An act for the payment of wages to the members of the present general assembly.

Preamble.

Three

of assembly to be paid for the pre

sent.

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I. WHEREAS it is essential to the independence of the members of the general assembly, and to the due discharge of their duty, that they should receive the money deemed by law necessary for their subsistence while on public service. And whereas the funds for the payment of the same are inadequate, and those for defending the bay and recruiting the army are not now applicable to the purposes for which they were raised;

II. Be it therefore enacted by the general assembly, fourths of and it hereby enacted by the authority of the same, That the wages of the treasurer shall pay three-fourths of the amount of themembers the warrants issued to each member of this assembly for their services during the present session, out of the monies levied for the defence of the bay, and for recruiting this states quota of troops to serve in the army of the United States. And whereas the laws now in force for recruiting this state's quota of troops, to serve in the army of the United States, direct the monies to be levied for that purpose to be paid in to the receipt or order of the executive, for the more speedy and effectual purpose of recruiting the army, which is now no longer necessary,

Monies levied for recruiting services, to be paid into

treasury, instead of to

order of ex. @cutive.

III. Be it enacted, That the executive shall direct all the monies that have been or shall be so as aforesaid paid into the receipt or order of the governor and council, where the same hath not been applied to the purpose of recruiting, to be paid into the public trea

sury.

IV. And be it further enacted, That the chaplain, the clerks, and the other officers of the two houses of assembly, shall also be entitled to receive the sum of seven shillings and sixpence per day each, in part of their wages, out of the said appropriated fund.

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CHAP. XXXV.

Ch. CLXXIX

in original. Chan Rev.

An act to authorize and confirm mar- pa. 255 riages in certain cases.

See October 1780, ch. 16, vol. 10, pa 361.

Courts on

1. WHEREAS it hath been represented to this present general assembly, that many of the good people the western in the remote parts of this commonwealth are destitute waters may license lay. of any persons, authorized by law, to solemnize mar men to mar riages amongst them: Be it enacted, That where it ry. shall appear to the court of any county, on the western waters, that there is not a sufficient number of clergymen authorized to celebrate marriages therein, suck court is hereby empowered to nominate so many sober and discreet laymen as will supply the deficiency; and each of the persons so nominated, upon taking the oath of allegiance to this state, shall receive a license to celebrate the rites of matrimony according to the forms and customs of the church, of which he is reputed a member, between any persons regularly applying to him therefor within the said county, that is to say, the parties so applying shall produce a marriage license, obtained as the law requires, or a certifi- produce a license, or cate that their intention of marriage has been thrice certificate of published, agreeable to the directions of this act, and publication no legal objection made against their joining together as husband and wife, given under the hand of the person by whom such publications were made, and witnessed by a magistrate or commissioned officer of the militia.

Parties to

of banns.

be made.

II. And be it further enacted, That all publications How publi of banns of matrimony, on the said western waters, cation of shall be made on three several days, and not in less banns shall time than two weeks, in open and public assemblies, convened for religious worship or other lawful purposes, within the bounds of the respective congregations or militia companies, in which the parties to be married severally reside. For a certificate of publication, Fees, the person making the same may demand and receive three shillings; and for the celebration of a marriage, the licensed minister or layman may demand and re ceive six shillings, and ne more; and any person who shall certify a publication of such banns, or celebrate a marriage, contrary to the directions of this act, shall VOD

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Penalties. forfeit and pay the sum of five hundred pounds, to be recovered with costs, in any court of record, the one half to the informer, and the other half to the overseers of the poor for the use of the parish, and shall moreover suffer one year's imprisonment, without bail or mainprize.

Former

marriages confirmed.

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III. And whereas some magistrates and others, not authorized by law, have been induced, by the want of ministers, to solemnize marriages on the said western waters: Be it enacted, That all such marriages, heretofore openly and solemnly made, or which shall be so made before this act shall take effect, and have been consumated by the parties cohabiting together as husband and wife, shall be taken, and they are hereby declared good and valid in law; and all and every person or persons solemnizing such marriages, are, and shall be exonerated from all pains and penalties therefor, as if they had been authorized ministers.Provided aiways, That nothing herein contained shall extend or be construed to extend, to confirm any marriages heretofore celebrated, or which may hereafter polygamy. be celebrated, between parties within the degrees of consanguinity or affinity, forbidden by law, or where either of the parties were bound by a former marriage to a husband or wife then alive.

Proviso to restrain in cests and

Ch. CLXXX in original.

Preamble,

CHAP. XXXVI.

An act to amend an act, intituled An act to vest certain escheated lands in the county of Kentucky in trustees for a public school.

1. WHEREAS by an act of assembly, intituled, "An act to vest certain escheated lands in the county of Kentucky in trustees for the purpose of a public school," eight thousand acres of escheated lands were vested in certain trustees therein named, as a free donation from this commonwealth for the purpose of a public school or seminary of learning, to be erected

within the said county, now called the district of Kentucky, as soon as the circumstances of the country and the state of its funds will admit. And whereas it hath been represented to this general assembly, that voluntary contributions might be obtained from individuals in aid to the public donations, were the number of the aforesaid trustees now alive and willing to act, increased, and such powers and privileges granted them by an act of incorporation as are requisite for carrying into effect the intentions of the legislature in the said act more fully recited:

ted.

II. Be it therefore enacted, That William Fleming, Transylva William Christian, Benjamin Logan, John May, Levi nia seminary Todd, John Cowan, Edmund Taylor, Thomas Mar- incorpora shall, Samuel M'Dowell, John Bowman, George Rogers Clark, John Campbell, Isaac Shelby, David Rice, John Edwards, Caleb Wallace, Walker Daniel, Isaac Cox, Robert Johnson, John Craig, John Mosby, James Speed, Christopher Greenup, John Crittenden, and Willis Green, are hereby constituted a body corporate and politic, to be known by the name Style of of the trustees of the Transylvania seminary; and by corporation. that name shall have perpetual succession, and a common seal, with power to break, change, and renew their said seal at pleasure, and to exercise all the other Corporate powers and privileges that are enjoyed by the visiters and governors of any college or university within this state not herein limited or otherwise directed.

powers.

Gertain cs

bert McKen

III. And be it further enacted, That the said eight cheated thousand acres of escheated lands in the district of Ken- lands of Rotucky, late the property of Robert M'Kenzie, Henry sie, Henry Collins, and Alexander M'Kee, be hereafter held, and Collins and the same is hereby vested in the before named trustees Alexander McKee, and their successors, for the purposes and under the vested in reservations in the said act expressed.

trustees.

trustees to

take.

IV. And be it further enacted, That the before named trustees and their successors, by the name of Capacity of the trustees of the Transylvania seminary, shall be able and capable in law, to take, hold, purchase, receive, and retain to them and their successors for ever, any lands, tenements, rents, goods, or chattels of what kind soever, which shall be given or devised to, or purchased by them for the use of the said seminary; and the same or any part thereof to lease, sell, alien, grant, or dispose of in such manner as to them may

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